HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
Study Session and Regular Meeting
September 8, 2020
VII. ROLL CALL
September 22, 2020
Agenda Item No. 1
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VIII. CLOSED SESSION REPORT - None
IN. INVOCATION - Council Member Brenner
X. PLEDGE OF ALLEGIANCE - Council Member Dixon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
Council Member Duffield:
• Commended the Police, Fire and Harbor Departments for protecting the public over the weekend
and believed the Harbor Department needs additional staff
Council Member Muldoon;
• Noted Orange County moved to the red tier stage of California's Blueprint for a Safer Economy
criteria, which means schools may re -open
• Requested a future agenda item to consider the opening of parks and playground equipment
Council Member Herdman:
• Attended the Water Quality/Coastal Tidelands Committee meeting and received an update
regarding the trash wheel project, an Airport Task Force meeting, a meeting with Congressman
Ronda to discuss sea level rise, a meeting of the Technical Departures Subcommittee, w4gie49and
noted the City will lobby the Board of Supervisors regarding 9+4g4t-Fixed Based Operator (FBO)
leases at its September 15, 2020 meeting
Council Member Brenner:
Hosted ^''tea a a District 6 Town Hall regarding traffic issues and loud vehicles on August 27,
2020, noted that community committees are working on various topics, added that complaints
should be made to the Police Department at 949-644-3717, noted that the presentation is available
on the City's website, the Corona del Mar Residents Association's website, and the Chamber's
website, and announced a survey of Corona del Mar residents will be conducted
Council Member Dixon:
• Announced the City is encouraging residents to write to the Board of Supervisors regarding the
General Aviation Improvement P4arProgram (GAIP)
• Thanked public safety personnel for their efforts over the Labor Day weekend
• Announced a virtual Town Hall for District 1 is scheduled for September 14, 2020, at 5:30 p.m.
• Requested a future agenda item to adopt a resolution to announce the City's commitment to end
child marriage in California
Mayor Pro Tem Avery:
• Attended a Board meeting of the Orange County Sanitation District (OCSD)
Mayor O'Neill:
• Utilized a slide to announce that registration for fall recreation programs opened on September 1,
2020
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City of Newport Beach
Study Session and Regular Meeting
September 8, 2020
specifically to keep residential units away from the safety zone and the area exceeding 65 CNEL;
the Planned Community (PC) text does not allow residential units in Safety Zone 3, but allows
residential units in Safety Zone 6, which covers the entire area; the regulations in the PC text make
this project consistent with the written plan, but the Airport Land Use Commission (ALUC) found
it inconsistent with the plan; Council may approve the project and override the ALUC's finding, and
Council approved providing a Notice of Intent to Override on July 28, 2020. City Attorney Harp
explained assignment and transfer of liability and immunity, and added that the City will not be
held liable if Council approves the project. Deputy Community Development Director Campbell
related that the value of parkland used to calculate an in -lieu fee is based on appraisals conducted
in 2007.
In response to Council Member Herdman's question, Deputy Community Development Director
Campbell advised that staff does not delay applications based on potential amendments to the
General Plan, added that Council could choose to postpone the item for the Housing Element
Update, noted that this project is an opportunity to create a housing opportunity site for the
upcoming Housing Element Update, and further noted that there is no actual project proposed.
In response to Mayor Pro Tem Avery's questions, Deputy Community Development Director
Campbell indicated CalTrans' concerns were the same as the ALUC's concerns, stated that the
property owner is willing to put housing on this site, and the housing can count toward the RHNA
allocation, noted that the majority of the housing in the project will not be affordable housing,
probably around 5%, and confirmed the project may provide 329-444 units, depending on the density
bonus.
In response to Council Member Brenner's questions, Deputy Community Development Director
Campbell could not say whether the number of affordable housing units required on this site by the
upcoming Housing Element would be the same or more than the number required by the current
Housing Element, because policies have not been determined for the upcoming Housing Element.
In response to Mayor O'Neill's question, City Attorney Harp advised that the development
agreement vests the applicant with the right to build the project. Deputy Community Development
Director Campbell explained that the development agreement provides two terms, 15 years for the
residential component and 20 years for the commercial component, noted the applicant could build
housing at any time within that 15 -year period, and staff intends to include the housing in the
Housing Element because they believe it will be built within the next RHNA cycle.
Deputy Community Development Director Campbell continued the presentation with the
components of a park dedication waiver, the Zoning Code amendment, the conceptual plan, and the
development agreement.
In response to Council Member Dixon's questions, Deputy Community Development Director
Campbell indicated the project would have some outdoor spaces, and noted that the terms of
development agreements have extended beyond 10 years, but staff feels 15 years is an appropriate
term given the uncertainty of the housing market. Council Member Dixon wished to know the value
of the property to calculate the park in -lieu fee.
Deputy Community Development Director Campbell further discussed the California
Environmental Quality Act (CEQA) analysis, the Airport Environs Land Use Plan (AELUP) map,
ALUC inconsistent findings, project benefits, the public hearing timeline, the staff recommendation,
and future actions.
In response to Mayor Pro Tem Avery's question, Deputy Community Development Director
Campbell related that the ALUC typically finds significant residential projects located in the Airport
Area inconsistent, the height of the residential component will be around 85 feet, five to six stories;
the height limit for the Airport Area is 150 feet, the public safety fee was negotiated because there
is no formula to calculate it, the fee is similar to fees negotiated for other projects, and the City may
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